SHARED CUSTODY: INADEQUACY IN CASES OF DOMESTIC VIOLENCE AGAINST WOMEN

Abstract

This study aimed to analyze the applicability of shared custody in situations with a history of domestic and family violence against women, investigating whether the automatic imposition of this type of custody, as provided for in Law No. 13.058/2014, is compatible with the constitutional principles of human dignity and the comprehensive protection of children. The research sought to understand how the State and the Judiciary have addressed this controversy in the face of the coexistence between the duty of family coexistence and the woman's right to security and integrity. The study adopted a qualitative and bibliographical approach, based on doctrines, legislation, case law, and recent scientific articles. In the jurisprudential field, in summary, the Superior Court of Justice (STJ) consolidated the understanding that the existence of domestic violence, an environment of extreme conflict, and factors that compromise the emotional stability of the child constitute valid grounds for making an exception to the rule of shared custody, provided they are duly proven in the case file. However, it is important to emphasize that allegations of domestic violence, while serious and deserving of rigorous investigation, do not automatically lead to a change in custody arrangements without proof of a direct and significant impact on the child, thus preserving the stability and protection of the minor while the facts are duly clarified during the course of the proceedings.